Monarch delays & Compensations. Listed flights denied in O.P.

LBD

ZB3566 LUTON - FIUMICINO 07/10/12 Payment received.......What was the reason for this delay if you dont mind my asking? as this is where I flew from but on a different date and am curious given I ahve been fed the EC crap...

LBD

Mark2spark wrote: »

LBD wrote: »

I don't have your details I think LBD?

...


No problem Mark, thought I had given them....

ZB3566 03/04/2012 Luton/ FIUMICINO....


Re: Flight ZB3566 Luton to Rome on 3rd April 2012



Thank you for taking the time to contact us in respect of your flight.



I am sorry to learn of the disappointment that prompted your correspondence. Providing our passengers with safe and efficient service is our first priority. I would like to reassure you that every effort is made to ensure the flights depart on time and in the unlikely event we are unable to do so, we aim to get you to your destination at the earliest opportunity. That said, our ability to keep disruption to a minimum is always dependant on the resources available to us on the day.



In some circumstances, passengers may be entitled to compensation under European Union laws.

However, any monetary payments are subject to certain criteria being satisfied. Where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary. In addition, the CAA has provided some guidance on its views of “extraordinary circumstances” (please see the guidance notes accompanying the 261 compensation claim form).



Our records show that upon arrival of a previous flight, the aircraft scheduled to operate your flight was found to have a fuel valve fault. Engineers attended the aircraft and were able to establish the fault, however unfortunately as the rectification work was carried out it became apparent that several replacement components would be required. These components were transferred to Luton via taxi from the airports at which they were stored and then fitted. It was also unfortunate that, due to the nature of the defect, this was a time consuming process and the aircraft was taken out of service for your flight. As a result and in order to minimise the length of your delay, passengers on your flight were transferred to the first available aircraft from within the Monarch fleet.



Having considered the factual background of this incident, I am satisfied that this was indeed an extraordinary circumstance that could not have reasonably been prevented by Monarch. I am unable to agree to your claim for compensation.



Yours sincerely,



EU Claims Advisor



Monarch Airlines

PIP1966_2

Hi - wonder if someone can give me some advice? My flight from Corfu to Manchester on 4th June 2012 (MON1829) was delayed from 5.00pm local time and finally took off at 10.15pm. I still have the piece of paper that was given to us by Monarchs agents, Swissport Hellas, advising that the aircraft developed a technical fault whilst it was still in Manchester Airport.

I wrote to them on 8th June asking for compensation as I had to get a taxi from Manchester to Sheffield as the last train had already gone but they wrote back on 18 June advising that under "EC261/2004 effective from 17.02.05 contains absolutely no provision requiring an airline to pay compensation to its customers in a delay situation, whatever the cause and duration". They then go on to state that "a consortium comprised of TUI/BA/Easyjet and IATA made an application in the High Court for a judicial review on the above ECJ ruling and pending such ruling ALL airlines, including Monarch are refusing to pay claims for compensation which rely on the Sturgeon/Bock case".

They have said that they will keep my letter on file and once a decision has been received from the ECJ then I can contact them again and they will review the file.

Does anyone think it is worth pursuing this claim again?

I appreciate any advice.

Thanks
PIP

111KAB

PIP1966 - YES

Read FAQ's first.

PIP1966_2

I do apologise :-(

111KAB

PIP1966 wrote: »

I do apologise :-(

Was not expecting an apology! Placed in bold letters as I think you have a cast-iron case HOWEVER Monarch will say your delay was due to extraordinary circumstances.

MontyWomble

Mark2spark wrote: »

I've now amended the OP to include EC denied flights/claims.
They are starting to stack up now.
Let me know if yours isn't there.
I need Flight number, destinations, and date. and EC reason :rotfl: )

Glentoran - what was your EC please?
Vauban - what was your UK destination please.

Hi Mark,

My Manchester - Zakyhthos flight on 31.05.12 is flight number MON5028.

Personally will be really interested to see if the number of cracked windscreen cases stack up. Monarch quote 2 in 12 months and 2 on here so far.

PIP1966_2

111KAB wrote: »

Was not expecting an apology! Placed in bold letters as I think you have a cast-iron case HOWEVER Monarch will say your delay was due to extraordinary circumstances.

Please don't shout at me but I'm struggling to print a copy of the claim form to complete. Or should I write to them quoting their reference number when they wrote to me?

Sorry for being a nuisance
PIP

111KAB

PIP1966 wrote: »

Please don't shout at me but I'm struggling to print a copy of the claim form to complete. Or should I write to them quoting their reference number when they wrote to me?

Sorry for being a nuisance
PIP

You will have to complete their 4 page claim form.

suzannestaite

I submitted my claim to Monarch back in October and have this week finally received their response which stated that my claim has been refused because their records show that 'the aircraft scheduled to operate our flight suffered a full authority digital engine control fault prior to the departure of the previous flight. Engineers were able to rectify the problem in order for the aircraft to complete the previous flight back to London Gatwick, albeit with a delay, it was unforturnate that these events and the consequent late arrival of the aircracft in Gatwick led to a delay in the secheduled departure time of our flight! I knew that Monarch would wriggle out of any payment, but I feel this is just a confusing statement to throw us off track. If they are blaming all of the delays on a problem which was rectified prior to the flight arriving in Gatwick, why were we called to the departure lounge, started boarding and were then told there was a 'catastropic error' and we all had to disinbark and wait a further hour!! I will be taking this up with the CAA